Common use of PAYMENT RISKS Clause in Contracts

PAYMENT RISKS. We may change the Contract Price calculation method under the circumstances set forth in the Agreement. While such changes are not intended to result in a different payment for your hogs, a comparison of prices before and after the change may be difficult or impossible, and such changes may mean that you are paid less for your hogs as compared to prior to the change. · Hogs delivered in excess of the agreed quantity will be accepted only at our sole discretion, and will be priced at the amount we specify, as further described in the Agreement. · If you deliver hogs that do not meet the requirements set forth in the Agreement, we may pay you less than the Contract Price for such hogs, and we may charge you for the costs that we incur because you delivered hogs that do not meet the requirements set forth in the Agreement. · If you are in default or amounts you owe us are past due, we may pay you less than amounts you are otherwise due by offsetting amounts you owe us.

Appears in 4 contracts

Samples: Hog Procurement Agreement (AgFeed Industries, Inc.), Hog Procurement Agreement (AgFeed Industries, Inc.), Hog Procurement Agreement (AgFeed Industries, Inc.)

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